After thousands of past cases brought by parents of children suffering brain injury and/or other traumas at birth, our medical care industry seems to be no closer to figuring out how to stop medical negligence during the birth process. The cases are well-documented in California and every other state. Medical malpractice is committed each time that the hospital fails to give the mother and the baby the minimum standard of care that the profession recognizes under the circumstances.
The apparent lack of improvement is more remarkable because some of the largest settlements and jury verdicts have to do with babies who are born with brain damage. Most of these appear to be due to oxygen deprivation at some point prior to and during the delivery. The most recent case involves a jury verdict for $53 million in favor of a mother and her son, who is now 12 years old.